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Nesterowich will now be sentenced for the single count of common assault on May 10, at which time the prosecution is also expected to decide if it will retry him on the second rape charge.

The court heard throughout the trial that Nesterowich was drunk when he arranged to visit his alleged victim at her Brisbane home in the early hours of April 16, 2016, after contacting her via a dating website.

Judge Shanahan said his level of intoxication could be taken into account when considering whether he had an honest and reasonable belief there was consent.